Existing law requires each sheriff and police chief to annually furnish a report to the Department of Justice on justifiable homicides.

This bill would require each law enforcement agency to annually furnish to the Department of Justice a report of specified incidents when a peace officer is involved in the use of force. The bill would require that for each of these incidents, the report also include specified information about that incident. The bill would require the department to include a summary of the annual reports in its annual crime report. By imposing new duties on local agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law requires each sheriff and police chief to annually furnish a report to the Department of Justice on justifiable homicides.

This bill would require each law enforcement agency to annually furnish to the Department of Justice a report of specified incidents when a peace officer is involved in the use of force. The bill would require that for each of these incidents, the report also include specified information about that incident. The bill would require the department to include a summary of the annual reports in its annual crime report. By imposing new duties on local agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law requires each sheriff and police chief to annually furnish a report to the Department of Justice on justifiable homicides.

This bill would require each law enforcement agency to annually furnish to the Department of Justice a report of specified incidents when a peace officer is involved in the use of force. The bill would require that for each of these incidents, the report also include specified information about that incident. The bill would require the department to include a summary of the annual reports in its annual crime report. By imposing new duties on local agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law requires each sheriff and police chief to annually furnish a report to the Department of Justice on justifiable homicides.

This bill would require each law enforcement agency to annually furnish to the Department of Justice a report of specified incidents when a peace officer is involved in the use of force. The bill would require that for each of these incidents, the report also include specified information about that incident. The bill would require the department to include a summary of the annual reports in its annual crime report. By imposing new duties on local agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law requires each sheriff and police chief to annually furnish a report to the Department of Justice on justifiable homicides.

This bill would require each sheriff and police chief to annually furnish a report to the Department of Justice on shootings that involve peace officers and result in the injury or death of an individual or a peace officer. The bill would require the agency to report the number of cases that resulted in criminal prosecution for instances when an individual is injured or killed. The bill would require the department to include a summary of the annual reports in its annual crime report. By imposing new duties on local agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law requires each sheriff and police chief to annually furnish a report to the Department of Justice on justifiable homicides.

This bill would require each sheriff and police chief to annually furnish a report to the Department of Justice on shootings that involve peace officers and result in the injury or death of an individual or a peace officer. By imposing new duties on local agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 71

Author:(Rodriguez)

As Amended Ver:September 3, 2015

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Requires each law enforcement agency to annually furnish to the Department of Justice (DOJ), in a manner defined and prescribed by the Attorney General (AG), a report of specified instances when a peace officer employed by that agency is involved in a use of force incident.

The Senate amendments:

1. Recast the provisions of this bill into the Government Code;

2. Require annual reporting of incidents specified by this bill to begin January 1, 2017.

3. Specify that the incidents that must be reported are all instances when a peace officer employed by that agency is involved in a shooting of a civilian or peace officer or an incident in which use of force results in serious bodily injury or death of either a civilian or a peace officer.

4. Require the information reported DOJ to include, but not be limited to, all of the following:

   1. The gender, race, and age of each individual who was shot, injured, or killed;

   2. The date, time, and location of the incident;

   3. Whether the civilian was armed, and, if so, the type of weapon;

   4. The type of force used against the officer, the civilian, or both, including the types of weapons used;

   5. The number of officers involved in the incident;

   6. The number of civilians involved in the incident; and,

   7. A brief description regarding the circumstances surrounding the incident, which may include the nature of injuries to officers and civilians and perceptions on behavior or mental disorders.

5. Define "serious bodily injury" to mean a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

6. Specify that this bill does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.

EXISTING LAW:

1. Provides that it is the duty of each city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney and city prosecutor having criminal jurisdiction, as well as other agencies or persons dealing with crimes and criminals or with delinquency or delinquents, when requested by the AG:

   1. To install and maintain records needed for the correct reporting of statistical data required by the AG;

   2. To report statistical data to the DOJ at those times and in the manner that the AG proscribes; and,

   3. To give to the AG, or his or her accredited agent, access to the statistical data for the purpose of carrying out the purposes of carrying out the relevant law.

2. Requires each sheriff and chief of police to annually furnish the DOJ, in the manner prescribed by the AG, a report of all justifiable homicides committed in his or her jurisdiction. In cases where both a sheriff and chief of police would be required to report a justifiable homicide under this section, only the chief of police shall report the homicide.

3. States that, subject to the availability of adequate funding, the AG shall direct local law enforcement agencies to report to DOJ, in a manner to be prescribed by the AG, any information that may be required relative to hate crimes, as specified, and requires, on or before July 1 of each year, DOJ to submit a report to the Legislature analyzing the results of the information obtained from local law enforcement agencies.

4. Includes within DOJ's annual reporting requirements the number of citizens' complaints received by law enforcement agencies. These statistics shall indicate the total number of these complaints, the number alleging criminal conduct of either a felony or misdemeanor, and the number sustained in each category. The report shall not contain a reference to any individual agency but shall be by gross numbers only.

5. Mandates in any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the AG, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. Proscribes that these writings are public records within the meaning of the California Public Records Act and are open to public inspection, except confidential medical information.

AS PASSED BY THE ASSEMBLY, this bill:

1. Stated that in instances where an individual is killed or injured, the agency shall report how many cases resulted in criminal prosecution.

2. Provided in cases where both a sheriff and chief of police would be required to report an officer involved shooting under this section, only the chief of police shall report the instance.

3. Required DOJ to include a summary of the information contained in the reports received pursuant to the above provisions in its annual crime report and classify the data according to the reporting law enforcement jurisdiction.

4. Specified in cases involving a peace officer who is injured or killed, the report shall list the officer's employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. Potentially significant one-time and ongoing state-reimbursable local costs in the hundreds of thousands of dollars (General Fund) annually to track and report the detailed information for each type of incident. Initial costs would be dependent on the tool prescribed for data reporting by the DOJ. Annual costs would be dependent on the number of incidents subject to the reporting requirements and the associated workload to collect and report this data.

2. One-time significant costs potentially in the hundreds of thousands of dollars (General Fund) to the DOJ to develop the database and complete programming to enable reporting of the specified data by law enforcement agencies. Minor ongoing costs for DOJ to report the specified incident data for its own officers.

3. Minor, absorbable impact to the California Highway Patrol (CHP), Department of State Hospitals (DSH), Department of Corrections and Rehabilitation (CDCR), and the Department of Fish and Wildlife (DFW), assuming the number of incidents to be reported is minimal.

COMMENTS: According to the author, "AB 71 was introduced to collect needed statistics and to start a dialogue as to what California needs to do to increase community and officer safety and to improve confidence in law our enforcement agencies and personnel.

"AB 71 will provide much needed data on officer involved shootings in California. This will allow the state to study the issue and to appropriately adjust law enforcement training and procedures as needed. Through better training standards from POST (Peace Officer Standards and Training) we can improve outcomes and foster better relations and confidence with our communities.

"AB 71 will also track data on an officer involved shooting where it is the law enforcement officer that is shot and killed or injured. Law enforcement work is dangerous and our peace officers are often placed in situations that involve life and death decisions. Tracking shootings of law enforcement officers will give California an idea what our law enforcement officers are facing on the street."

Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744 FN: 0002200

 THIRD READING  

Bill No: AB 71

Author: Rodriguez (D)

Amended: 9/3/15 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 7/14/15

AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: 6-0, 8/27/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza

NO VOTE RECORDED: Nielsen

ASSEMBLY FLOOR: 80-0, 6/1/15 - See last page for vote

SUBJECT: Criminal justice: reporting

SOURCE: Author

DIGEST: This bill requires law enforcement agencies to report all instances when a peace officer is involved in: 1) an incident involving the shooting of a civilian by a peace officer; 2) an incident involving the shooting of a peace officer by a civilian; 3) an incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death; and, 4) an incident in which use of force by a civilian against a peace officer results in serious bodily injury or death, as specified.

Senate Floor Amendments of 9/3/15 make technical and clarifying changes. The amendments clarify that provisions of this bill do not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved in the use of force, as specified.

ANALYSIS:

Existing law:

1. Provides, in Penal Code section 13020, that it is the duty of each city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney and city prosecutor having criminal jurisdiction, as well as other agencies or persons dealing with crimes and criminals or with delinquency or delinquents, when requested by the Attorney General (AG):

1. To install and maintain records needed for the correct reporting of statistical data required by the AG;

2. To report statistical data to the Department of Justice (DOJ) at those times and in the manner that the AG proscribes; and,

3. To give to the AG, or his or her accredited agent, access to the statistical data for the purpose of carrying out the purposes of carrying out the relevant law.

2. Requires each sheriff and chief of police to annually furnish the DOJ, in the manner prescribed by the AG, a report of all justifiable homicides committed in his or her jurisdiction. In cases where both a sheriff and chief of police would be required to report a justifiable homicide under this section, only the chief of police shall report the homicide. (Penal Code § 13022.)
   
   

3. States that, subject to the availability of adequate funding, the AG shall direct local law enforcement agencies to report to DOJ, in a manner to be prescribed by the AG, any information that may be required relative to hate crimes, as specified, and requires, on or before July 1 of each year, DOJ to submit a report to the Legislature analyzing the results of the information obtained from local law enforcement agencies. (Penal Code § 13023(a) and (b).)
   
   

4. Includes within DOJ's annual reporting requirements the number of citizens' complaints received by law enforcement agencies. These statistics shall indicate the total number of these complaints, the number alleging criminal conduct of either a felony or misdemeanor, and the number sustained in each category. The report shall not contain a reference to any individual agency but shall be by gross numbers only. (Penal Code § 13012(e).)
   
   

5. Mandates in any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the AG, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. Proscribes that these writings are public records within the meaning of the California Public Records Act and are open to public inspection, except confidential medical information. (Government Code § 12525.)
   
   

This bill:

1. Requires, beginning January 1, 2017, each law enforcement agency to annually furnish to the DOJ, in a manner defined and prescribed by the AG, a report of all instances when a peace officer employed by that agency is involved in any of the following:

1. An incident involving the shooting of a civilian by a peace officer;

2. An incident involving the shooting of a peace officer by a civilian;

3. An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death; or,

4. An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.

2. Requires, for each incident reported, law enforcement to report, at a minimum:

1. The gender, race, and age of each individual who was shot, injured, or killed;

2. The date, time, and location of the incident;

3. Whether the civilian was armed, and, if so, the type of weapon the civilian had;

4. The type of force used against the officer, the civilian, or both, including the types of weapons used;

5. The number of officers involved in the incident;

6. The number of civilians involved in the incident; and,

7. A brief description regarding the circumstances surrounding the incident which may include the nature of injuries to officers and civilians and perceptions on behavior or mental disorders.

3. Requires DOJ to include a summary of information contained in the reports received pursuant to this bill in its annual crime report issued by the department pursuant to Section 13010. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report must list the officer’s employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. States that this provision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved in the use of force.

4. Defines “serious bodily injury” as “bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.”

Background

On June 2, 2015, U.S. Senators Barbara Boxer and Cory Booker introduced the Police Reporting of Information, Data and Evidence Act:

This legislation that would bring transparency and accountability to law enforcement agencies nationwide by requiring states to report to the Justice Department on any incident in which a law enforcement officer is involved in a shooting, and any other instance where use of force by or against a law enforcement officer or civilian results in serious bodily injury or death. This information would help federal, state and local officials to better protect the public and law enforcement officers.

The PRIDE Act was introduced the same week that a Washington Post report revealed that 385 people were shot and killed by police nationwide since January - more than two a day. That number is more than twice the rate of fatal police shootings tallied by the federal government over the past decade, because there are currently no comprehensive federal programs to collect data on law enforcement-involved shootings and use of force. The Federal Bureau of Investigation (FBI) captures data on justifiable homicides by law enforcement officers, but reporting is voluntary and limited to instances in which a civilian is killed while committing a felony.

Similarly, there is no mandated reporting to the federal government on law enforcement officers killed or injured in the line of duty. So far, 54 officers have been killed in the line of duty and 14 officers have been shot and killed by suspects since January, according to data compiled by the Officer Down Memorial Page.

“Too many members of the public and police officers are being killed, and we don't have reliable statistics to track these tragic incidents,” Senator Boxer said. “This bill will ensure that we know the full extent of the problem so we can save lives on all sides.”

“The first step in fixing a problem is understanding the extent of the problem you have. Justice and accountability go hand in hand -- but without reliable data it's difficult to hold people accountable or create effective policies that change the status quo,” Senator Booker said. “Our legislation is vital to ensuring we have the data required to make good decisions and implement reform measures that are balanced, objective, and protect the lives of police officers and the public.”

The Boxer-Booker measure would require states to report to the Attorney General on use-of-force incidents involving officers and the public that result in serious bodily injury or death. The reports must include, at a minimum:

• The gender, race, ethnicity, and age of each individual who was shot, injured, or killed;

• The date, time, and location of the incident;

• The number of officers and number of civilians involved in the incident;

• Whether the civilian was armed with a weapon; and

• The type of force used against the officer, the civilian, or both, including the types of weapons used.

Additionally, the bill would provide grants for tip lines and hotlines to gain information regarding shootings and use of force incidents against the police.  Grants may also support state efforts to develop use of force training for law enforcement agencies and personnel, including de-escalation and bias training.

There is growing momentum for better data collection on the use of force in police departments nationwide.

(https://www.boxer.senate.gov/press/release/boxer-booker-introduce-bill-to-bring-transparency-and-accountability-to-police-departments-nationwide/.)

AB 71 requires local law enforcement to collect information that is consistent with the information that would be required by the federal legislation.

Comments

DOJ is statutorily required to collect and maintain data and develop statistical reports related to crime and the criminal justice process in California. Local agencies are also statutorily required to maintain statistical data and provide those to DOJ.

Under existing law, local law enforcement agencies are required to report to DOJ all justifiable homicides committed in that agency's jurisdiction. (Penal Code § 13022.) Local jurisdictions must also report on the number of non-criminal and criminal complaints reported by citizens against law enforcement personnel and the number of complaints that were sustained. (Penal Code § 13012.) Arrest information from local agencies must also be provided to DOJ in order to maintain its arrest and citation database. (Penal Code §§ 13020 and 13021.) This database contains information including name, race/ethnicity, date of birth, sex, date of arrest, offense level, offense type, status of the offense, and law enforcement disposition. (Office of the Attorney General, Criminal Statistics Reporting Requirements (April 2014), at 8.) Using statistical data from local jurisdictions, DOJ publishes an annual report on crime. (Penal Code § 13010.)

Local law enforcement is also required to, in any case in which a person dies while in the custody of the law enforcement, report in writing to DOJ, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. (Government Code § 12525.) This bill, additionally, requires law enforcement agencies to report all instances when a peace officer is involved in:

• Any incident involving the shooting of a civilian by a law enforcement officer;

• Any incident involving the shooting of a law enforcement officer by a civilian;

• Any incident in which use of force by a law enforcement officer against a civilian results in serious bodily injury or death.

• Any incident in which use of force by a civilian against a law enforcement officer results in serious bodily injury or death.

DOJ will be required to provide this information in its annual report on crime.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• Potentially significant one-time and ongoing state-reimbursable local costs in the hundreds of thousands of dollars (General Fund) annually to track and report the detailed information for each type of incident. Initial costs would be dependent on the tool prescribed for data reporting by the DOJ. Annual costs would be dependent on the number of incidents subject to the reporting requirements and the associated workload to collect and report this data.

• One-time significant costs potentially in the hundreds of thousands of dollars (General Fund) to the DOJ to develop the database and complete programming to enable reporting of the specified data by law enforcement agencies. Minor ongoing costs for DOJ to report the specified incident data for its own officers.

• Minor, absorbable impact to the California Highway Patrol, Department of State Hospitals, Department of Corrections and Rehabilitation, and the Department of Fish and Wildlife, assuming the number of incidents to be reported is minimal.

SUPPORT: (Verified 9/3/15)

American Civil Liberties Union of California

American Federation of State, County and Municipal Employees, AFL-CIO

California Police Chiefs Association

California Public Defenders Association

Legal Services for Prisoners with Children

Los Angeles Urban League

OPPOSITION: (Verified 9/3/15)

None received

ARGUMENTS IN SUPPORT:

According to the California Police Chiefs Association:

AB 71 would provide much needed statewide date on officer involved shootings and use of force where a civilian or a peace officer is injured or killed. This measure would assist the California Department of Justice in tracking the number of incidents of either uses of force direct[ed] at peace officers or uses of force by police officers. Furthermore, AB 71 is consistent with current efforts on the Federal level by the United States Department of Justice.

The loss of life is tragic. AB 71 requires reporting for the loss of life, or injury, resulting from a shooting or use of force, for both peace officers and civilians. We believe that this balanced approach will increase law enforcement transparency while also generating valuable data on the number of tragic incidents resulting in the loss or injury of an officer or civilian.

ASSEMBLY FLOOR: 80-0, 6/1/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

Prepared by: Jessica Devencenzi / PUB. S. /

9/4/15 18:23:34

**** END ****

 THIRD READING  

Bill No: AB 71

Author: Rodriguez (D)

Amended: 7/6/15 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 7/14/15

AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: 6-0, 8/27/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza

NO VOTE RECORDED: Nielsen

ASSEMBLY FLOOR: 80-0, 6/1/15 - See last page for vote

SUBJECT: Criminal justice: reporting

SOURCE: Author

DIGEST: This bill requires law enforcement agencies to report all instances when a peace officer is involved in: 1) an incident involving the shooting of a civilian by a peace officer; 2) an incident involving the shooting of a peace officer by a civilian; 3) an incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death; and, 4) an incident in which use of force by a civilian against a peace officer results in serious bodily injury or death, as specified.

ANALYSIS:

Existing law:

1. Provides, in Penal Code Section 13020, that it is the duty of each city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney and city prosecutor having criminal jurisdiction, as well as other agencies or persons dealing with crimes and criminals or with delinquency or delinquents, when requested by the Attorney General (AG):

1. To install and maintain records needed for the correct reporting of statistical data required by the AG;

2. To report statistical data to the Department of Justice (DOJ) at those times and in the manner that the AG proscribes; and,

3. To give to the AG, or his or her accredited agent, access to the statistical data for the purpose of carrying out the purposes of carrying out the relevant law.

2. Requires each sheriff and chief of police to annually furnish the DOJ, in the manner prescribed by the AG, a report of all justifiable homicides committed in his or her jurisdiction. In cases where both a sheriff and chief of police would be required to report a justifiable homicide under this section, only the chief of police shall report the homicide. (Penal Code § 13022.)
   
   

3. States that, subject to the availability of adequate funding, the AG shall direct local law enforcement agencies to report to DOJ, in a manner to be prescribed by the AG, any information that may be required relative to hate crimes, as specified, and requires, on or before July 1 of each year, DOJ to submit a report to the Legislature analyzing the results of the information obtained from local law enforcement agencies. (Penal Code § 13023(a) and (b).)
   
   

4. Includes within DOJ's annual reporting requirements the number of citizens' complaints received by law enforcement agencies. These statistics shall indicate the total number of these complaints, the number alleging criminal conduct of either a felony or misdemeanor, and the number sustained in each category. The report shall not contain a reference to any individual agency but shall be by gross numbers only. (Penal Code § 13012(e).)
   
   

5. Mandates in any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the AG, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. Proscribes that these writings are public records within the meaning of the California Public Records Act and are open to public inspection, except confidential medical information. (Government Code § 12525.)
   
   

This bill:

1. Requires, beginning January 1, 2017, each law enforcement agency to annually furnish to the DOJ, in a manner defined and prescribed by the AG, a report of all instances when a peace officer employed by that agency is involved in any of the following:

1. An incident involving the shooting of a civilian by a peace officer;

2. An incident involving the shooting of a peace officer by a civilian;

3. An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death; or,

4. An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.

2. Requires, for each incident reported, law enforcement to report, at a minimum:

1. The gender, race, and age of each individual who was shot, injured, or killed;

2. The date, time, and location of the incident;

3. Whether the civilian was armed, and, if so, the type of weapon the civilian had;

4. The type of force used against the officer, the civilian, or both, including the types of weapons used;

5. The number of officers involved in the incident;

6. The number of civilians involved in the incident; and,

7. A brief description regarding the circumstances surrounding the incident which may include the nature of injuries to officers and civilians and perceptions on behavior or mental disorders.

1. Requires the DOJ to include a summary of information contained in the reports received pursuant to this bill in its annual crime report issued by the department pursuant to Section 13010. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officer’s employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same.

4. Defines “serious bodily injury” as “bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ."

Background

On June 2, 2015, U.S. Senators Barbara Boxer and Cory Booker introduced the Police Reporting of Information, Data and Evidence Act:

This legislation that would bring transparency and accountability to law enforcement agencies nationwide by requiring states to report to the Justice Department on any incident in which a law enforcement officer is involved in a shooting, and any other instance where use of force by or against a law enforcement officer or civilian results in serious bodily injury or death. This information would help federal, state and local officials to better protect the public and law enforcement officers.

The PRIDE Act was introduced the same week that a Washington Post report revealed that 385 people were shot and killed by police nationwide since January - more than two a day. That number is more than twice the rate of fatal police shootings tallied by the federal government over the past decade, because there are currently no comprehensive federal programs to collect data on law enforcement-involved shootings and use of force. The Federal Bureau of Investigation (FBI) captures data on justifiable homicides by law enforcement officers, but reporting is voluntary and limited to instances in which a civilian is killed while committing a felony.

Similarly, there is no mandated reporting to the federal government on law enforcement officers killed or injured in the line of duty. So far, 54 officers have been killed in the line of duty and 14 officers have been shot and killed by suspects since January, according to data compiled by the Officer Down Memorial Page.

“Too many members of the public and police officers are being killed, and we don't have reliable statistics to track these tragic incidents,” Senator Boxer said. “This bill will ensure that we know the full extent of the problem so we can save lives on all sides.”

“The first step in fixing a problem is understanding the extent of the problem you have. Justice and accountability go hand in hand -- but without reliable data it's difficult to hold people accountable or create effective policies that change the status quo,” Senator Booker said. “Our legislation is vital to ensuring we have the data required to make good decisions and implement reform measures that are balanced, objective, and protect the lives of police officers and the public.”

The Boxer-Booker measure would require states to report to the Attorney General on use-of-force incidents involving officers and the public that result in serious bodily injury or death. The reports must include, at a minimum:

• The gender, race, ethnicity, and age of each individual who was shot, injured, or killed;

• The date, time, and location of the incident;

• The number of officers and number of civilians involved in the incident;

• Whether the civilian was armed with a weapon; and

• The type of force used against the officer, the civilian, or both, including the types of weapons used.

Additionally, the bill would provide grants for tip lines and hotlines to gain information regarding shootings and use of force incidents against the police.  Grants may also support state efforts to develop use of force training for law enforcement agencies and personnel, including de-escalation and bias training.

There is growing momentum for better data collection on the use of force in police departments nationwide.

(https://www.boxer.senate.gov/press/release/boxer-booker-introduce-bill-to-bring-transparency-and-accountability-to-police-departments-nationwide/.)

AB 71 requires local law enforcement to collect information that is consistent with the information that would be required by the federal legislation.

Comments

DOJ is statutorily required to collect and maintain data and develop statistical reports related to crime and the criminal justice process in California. Local agencies are also statutorily required to maintain statistical data and provide those to DOJ.

Under existing law, local law enforcement agencies are required to report to DOJ all justifiable homicides committed in that agency's jurisdiction. (Penal Code § 13022.) Local jurisdictions must also report on the number of non-criminal and criminal complaints reported by citizens against law enforcement personnel and the number of complaints that were sustained. (Penal Code § 13012.) Arrest information from local agencies must also be provided to DOJ in order to maintain its arrest and citation database. (Penal Code §§ 13020 and 13021.) This database contains information including name, race/ethnicity, date of birth, sex, date of arrest, offense level, offense type, status of the offense, and law enforcement disposition. (Office of the Attorney General, Criminal Statistics Reporting Requirements (April 2014), at 8.) Using statistical data from local jurisdictions, DOJ publishes an annual report on crime. (Penal Code § 13010.)

Local law enforcement is also required to, in any case in which a person dies while in the custody of the law enforcement, report in writing to DOJ, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. (Government Code § 12525.) This bill, additionally, requires law enforcement agencies to report all instances when a peace officer is involved in:

• Any incident involving the shooting of a civilian by a law enforcement officer;

• Any incident involving the shooting of a law enforcement officer by a civilian;

• Any incident in which use of force by a law enforcement officer against a civilian results in serious bodily injury or death.

• Any incident in which use of force by a civilian against a law enforcement officer results in serious bodily injury or death.

DOJ will be required to provide this information in its annual report on crime.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• Potentially significant one-time and ongoing state-reimbursable local costs in the hundreds of thousands of dollars (General Fund) annually to track and report the detailed information for each type of incident. Initial costs would be dependent on the tool prescribed for data reporting by the DOJ. Annual costs would be dependent on the number of incidents subject to the reporting requirements and the associated workload to collect and report this data.

• One-time significant costs potentially in the hundreds of thousands of dollars (General Fund) to the DOJ to develop the database and complete programming to enable reporting of the specified data by law enforcement agencies. Minor ongoing costs for DOJ to report the specified incident data for its own officers.

• Minor, absorbable impact to the California Highway Patrol, Department of State Hospitals, Department of Corrections and Rehabilitation, and the Department of Fish and Wildlife, assuming the number of incidents to be reported is minimal.

SUPPORT: (Verified 8/28/15)

American Civil Liberties Union of California

American Federation of State, County and Municipal Employees, AFL-CIO

California Police Chiefs Association

California Public Defenders Association

Legal Services for Prisoners with Children

Los Angeles Urban League

OPPOSITION: (Verified 8/28/15)

None received

ARGUMENTS IN SUPPORT:

According to the California Police Chiefs Association:

AB 71 would provide much needed statewide date on officer involved shootings and use of force where a civilian or a peace officer is injured or killed. This measure would assist the California Department of Justice in tracking the number of incidents of either uses of force direct[ed] at peace officers or uses of force by police officers. Furthermore, AB 71 is consistent with current efforts on the Federal level by the United States Department of Justice.

The loss of life is tragic. AB 71 requires reporting for the loss of life, or injury, resulting from a shooting or use of force, for both peace officers and civilians. We believe that this balanced approach will increase law enforcement transparency while also generating valuable data on the number of tragic incidents resulting in the loss or injury of an officer or civilian.

ASSEMBLY FLOOR: 80-0, 6/1/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

Prepared by: Jessica Devencenzi / PUB. S. /

8/31/15 8:33:07

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 71 (Rodriguez) - Criminal justice: reporting

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 71 would require law enforcement agencies to annually report to the Department of Justice (DOJ) incidents involving the use of force by and against peace officers, and incidents of peace officer-involved shootings, as specified.

Fiscal Impact:

• Potentially significant one-time and ongoing state-reimbursable local costs in the hundreds of thousands of dollars (General Fund) annually to track and report the detailed information for each type of incident. Initial costs would be dependent on the tool prescribed for data reporting by the DOJ. Annual costs would be dependent on the number of incidents subject to the reporting requirements and the associated workload to collect and report this data.

• One-time significant costs potentially in the hundreds of thousands of dollars (General Fund) to the DOJ to develop the database and complete programming to enable reporting of the specified data by law enforcement agencies. Minor ongoing costs for DOJ to report the specified incident data for its own officers.

• Minor, absorbable impact to the California Highway Patrol (CHP), Department of State Hospitals (DSH), Department of Corrections and Rehabilitation (CDCR), and the Department of Fish and Wildlife (DFW), assuming the number of incidents to be reported is minimal.

Background:

In response to the rash of highly publicized deaths of civilians by peace officers, and amid protests in numerous cities across the nation, President Barack Obama signed an Executive Order on December 18, 2014, creating the Task Force on 21^st Century Policing in an effort to strengthen community policing and trust among law enforcement officers and the communities they serve. In its Final Report of the President’s Task Force on 21^st Century Policing, dated May 18, 2015, with respect to policy and oversight, the Task Force recommended the following:

To achieve this end, law enforcement agencies should have clear and comprehensive policies on the use of force (including training on the importance of de-escalation), mass demonstrations (including the appropriate use of equipment, particularly rifles and armored personnel carriers), consent before searches, gender identification, racial profiling, and performance measures - among others such as external and independent investigations and prosecutions of officer-involved shootings and other use of force situations and in-custody deaths. These policies should also include provisions for the collection of demographic data on all parties involved. All policies and aggregate data should be made publicly available to ensure transparency.

Additionally, U.S. Senators Boxer and Booker recently introduced S. 1476, the Police Reporting Information, Data and Evidence Act of 2015 (PRIDE Act) on June 2, 2015. This bill would authorize federal grants to eligible states to report annually to the U.S. DOJ on any incident in which a law enforcement officer is involved in a shooting, and any other instance in which use of force by or against a law enforcement officer or civilian results in serious bodily injury or death. This bill was recently referred to the U.S. Senate Committee on the Judiciary.

This bill seeks to enact state statute requiring data collection and reporting by state and local law enforcement agencies consistent with the data reporting requirement included in the pending federal legislation.

Proposed Law:

This bill would require, commencing January 1, 2017, each law enforcement agency to annually furnish to the DOJ in a manner defined and prescribed by the AG, a report of all instances when a peace officer employed by that agency is involved in any of the following:

• An incident involving the shooting of a civilian by a peace officer.

• An incident involving the shooting of a peace officer by a civilian.

• An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.

• An incident in which the use of force by a civilian against a peace officer results in serious bodily injury or death.

For each incident reported above, this bill requires the information reported to the DOJ to include the following information:

• The gender, race, and age of each individual who was shot, injured, or killed.

• The date, time, and location of the incident.

• Whether the civilian was armed, and if so, the type of weapon.

• The type of force used against the officer, the civilian, or both, including the types of weapons used.

• The number of officers involved in the incident.

• The number of civilians involved in the incident.

• A brief description regarding the circumstances surrounding the incident, which may include the nature of injuries to officers and civilians and perceptions on behavior or mental disorders.

This bill requires the DOJ to annually include a summary of information contained in the reports in its annual crime report, as specified, classified according to the law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, this bill requires the report to list the officer’s employing jurisdiction and the jurisdiction where the injury or death occurred, if different.

Related Legislation:

S. 1476 (Boxer and Booker) 2015, The Police Reporting Information, Data and Evidence Act of 2015 (PRIDE Act), was introduced on June 2, 2015, and would authorize federal grants to eligible states to report annually to the U.S. DOJ on any incident in which a law enforcement officer is involved in a shooting, and any other instance in which use of force by or against a law enforcement officer or civilian results in serious bodily injury or death. This bill has been referred to the U.S. Senate Committee on the Judiciary.

AB 953 (Weber) 2015 would require each state and local agency that employs peace officers to annually report data to the AG on all “stops,” as defined, conducted by the agency’s peace officers, and require that data to include specified information. The bill would also require the AG to analyze the data collected, report its findings from the first analysis by January 1, 2019, issue reports each January 1, thereafter, and make the reports available to the public by posting them on the DOJ website. This bill is scheduled to be heard today by this Committee.

Staff Comments:

The DOJ could potentially incur one-time moderate costs in the mid- to high hundreds of thousands of dollars (General Fund) to develop the database and complete programming to enable reporting of the specified data by law enforcement agencies.

This bill requires each state and local law enforcement agency report specified data to the DOJ on an annual basis. There are currently 482 cities and 58 counties in the State. While statewide costs cannot be estimated with certainty, given the large number of local agencies and the types of data required to be collected and reported, these activities could result in significant one-time and ongoing costs, potentially in excess of hundreds of thousands of dollars annually. To the extent local agency expenditures qualify as a reimbursable state mandate, agencies could claim reimbursement of those costs (General Fund). For context, the Commission on State Mandates’ statewide cost estimate for Crime Statistics Reports for the DOJ reflects eligible reimbursement of over $13.6 million per year for slightly over 50 percent of local agencies reporting.

The costs to individual agencies would vary widely and depend on various factors, including but not limited to the size of the agency, the number of incidents to be reported, the method of collecting the data (which is not specified in the bill), the workload involved to collect and report the data as prescribed by the DOJ, and any potential training conducted by each agency.

The CHP has indicated the costs associated with meeting the reporting requirements of this bill would be absorbable. Although the bill increases workload associated with the reporting of specified incidents, the CHP has indicated these types of incidents are infrequent, and the reporting requirements are not anticipated to create a significant burden on existing resources.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: AB 71 Hearing Date: July 14, 2015

Subject: Criminal Justice: Reporting

HISTORY

Source: Author

Prior Legislation: None known

Support: California Police Chiefs Association; California Public Defenders Association; Legal Services for Prisoners with Children; Los Angeles Urban League

Opposition: None known

Assembly Floor Vote: 80 - 0

PURPOSE

The purpose of this legislation is to require law enforcement agencies to report all instances when a peace officer is involved in: 1) an incident involving the shooting of a civilian by a peace officer; 2) an incident involving the shooting of a peace officer by a civilian; 3) an incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death; and 4) an incident in which use of force by a civilian against a peace officer results in serious bodily injury or death, as specified.

Existing law provides that it is the duty of each city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney and city prosecutor having criminal jurisdiction, as well as other agencies or persons dealing with crimes and criminals or with delinquency or delinquents, when requested by the Attorney General (AG):

• To install and maintain records needed for the correct reporting of statistical data required by the AG;

• To report statistical data to the Department of Justice (DOJ) at those times and in the manner that the AG proscribes; and,

• To give to the AG, or his or her accredited agent, access to the statistical data for the purpose of carrying out the purposes of carrying out the relevant law.

(Penal Code § 13020.)

Existing law requires each sheriff and chief of police to annually furnish the DOJ, in the manner prescribed by the Attorney General, a report of all justifiable homicides committed in his or her jurisdiction. In cases where both a sheriff and chief of police would be required to report a justifiable homicide under this section, only the chief of police shall report the homicide. (Penal Code § 13022.)

Existing law states that, subject to the availability of adequate funding, the AG shall direct local law enforcement agencies to report to DOJ, in a manner to be prescribed by the AG, any information that may be required relative to hate crimes, as specified, and requires, on or before July 1 of each year, DOJ to submit a report to the Legislature analyzing the results of the information obtained from local law enforcement agencies. (Penal Code § 13023(a) and (b).)

Existing law includes within DOJ's annual reporting requirements the number of citizens' complaints received by law enforcement agencies. These statistics shall indicate the total number of these complaints, the number alleging criminal conduct of either a felony or misdemeanor, and the number sustained in each category. The report shall not contain a reference to any individual agency but shall be by gross numbers only. (Penal Code § 13012(e).)

Existing law mandates in any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the AG, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. Proscribes that these writings are public records within the meaning of the California Public Records Act and are open to public inspection, except confidential medical information. (Government Code § 12525.)

This bill would require, beginning January 1, 2017, each law enforcement agency to annually furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:

• An incident involving the shooting of a civilian by a peace officer;

• An incident involving the shooting of a peace officer by a civilian;

• An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death; or

• An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.

This bill would require, for each incident reported, law enforcement to report, at a minimum:

• The gender, race, and age of each individual who was shot, injured, or killed;

• The date, time, and location of the incident;

• Whether the civilian was armed, and, if so, the type of weapon the civilian had;

• The type of force used against the officer, the civilian, or both, including the types of weapons used;

• The number of officers involved in the incident;

• The number of civilians involved in the incident; and,

• A brief description regarding the circumstances surrounding the incident which may include the nature of injuries to officers and civilians and perceptions on behavior or mental disorders.

This bill requires the DOJ to include a summary of information contained in the reports received pursuant to this legislation in its annual crime report issued by the department pursuant to Section 13010. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officer’s employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same.

This bill defines “serious bodily injury” as “bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ."

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;

• 141.5% of design bed capacity by February 28, 2015; and,

• 137.5% of design bed capacity by February 28, 2016.

In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.” ( Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).

While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the

“durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;

• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;

• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;

• Whether a proposal corrects a constitutional problem or legislative drafting error; and

• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Need for Legislation

According to the author:

Several incidents of police involvement in the deaths of individuals, has resulted in national protests, civil unrest and even the targeting and death of peace officers.

These events have sparked a vigorous debate about law enforcement’s relationship with minority communities and police use of force doctrine and what can be done to improve confidence and safety of our citizens and law enforcement.

There is unfortunately, no statewide database that contains reliable statistics on officers involved in shootings or officers who have been wounded or killed. Without this information we are left with anecdotal reports or information that is often taken out of context.

While many California law enforcement agencies currently release an officer involved shooting report to their local communities, they do not submit this information to a centralized database. These reports generally do not track the shooting death and injury of law enforcement officers.

As a result, there is no statewide database on officer involved shootings. Not having an overall picture in the state results in some reported events being anecdotal or out of context.

AB 71 was introduced to collect needed statistics and to start a dialogue as to what California needs to do to increase community and officer safety and to improve confidence in law our enforcement agencies and personnel.

AB 71 will provide much needed data on officer involved shootings in California. This will allow the state to study the issue and to appropriately adjust law enforcement training and procedures as needed. Through better training standards from POST (Peace Officer Standards and Training) we can improve outcomes and foster better relations and confidence with our communities.

AB 71 will also track data on an officer involved shooting where it is the law enforcement officer that is shot and killed or injured. Law enforcement work is dangerous and our peace officers are often placed in situations that involve life and death decisions. Tracking shootings of law enforcement officers will give California an idea what our law enforcement officers are facing on the street.

I have begun discussions with the Department of Justice, law enforcement agencies and rank and file peace officers to create a reporting and tracking system that will improve training and response and will ensure that our communities are safe.

2. President's Task Force on 21^st Century Policing

On December 18, 2014, amid protests in Ferguson, Missouri, where a grand jury declined to criminally charge police officer Darren Wilson in the fatal shooting of Michael Brown, President Barack Obama signed an Executive Order establishing the Task Force on 21st Century Policing. “The mission of the task force was to examine how to foster strong, collaborative relationships between local law enforcement and the communities they protect and to make recommendations to the President on how policing practices can promote effective crime reduction while building public trust. The president selected members of the task force based on their ability to contribute to its mission because of their relevant perspective, experience, or subject matter expertise in policing, law enforcement and community relations, civil rights, and civil liberties.” (U.S. Department of Justice's Office of Community Oriented Policing Service, Interim Report of the President's Task Force on 21^st Century Policing (Mar. 2015), at 1.)

In addressing the issue of transparency, the task force recommended that law enforcement agencies should make all department policies available for public review and regularly post on the department’s website information about stops, summonses, arrests, reported crime, and other law enforcement data aggregated by demographics. (Id. at 11.) Additionally, the task force recommended that when serious incidents occur, including those involving alleged police misconduct, agencies should communicate with citizens and the media swiftly, openly, and neutrally, respecting areas where the law requires confidentiality. (Id.)

3. “Police Reporting Information, Data, and Evidence Act of 2015”

On June 2, 2015, U.S. Senators Barbara Boxer and Cory Booker introduced the Police Reporting of Information, Data and Evidence Act:

This legislation that would bring transparency and accountability to law enforcement agencies nationwide by requiring states to report to the Justice Department on any incident in which a law enforcement officer is involved in a shooting, and any other instance where use of force by or against a law enforcement officer or civilian results in serious bodily injury or death. This information would help federal, state and local officials to better protect the public and law enforcement officers.

The PRIDE Act was introduced the same week that a Washington Post report revealed that 385 people were shot and killed by police nationwide since January - more than two a day. That number is more than twice the rate of fatal police shootings tallied by the federal government over the past decade, because there are currently no comprehensive federal programs to collect data on law enforcement-involved shootings and use of force. The Federal Bureau of Investigation (FBI) captures data on justifiable homicides by law enforcement officers, but reporting is voluntary and limited to instances in which a civilian is killed while committing a felony.

Similarly, there is no mandated reporting to the federal government on law enforcement officers killed or injured in the line of duty. So far, 54 officers have been killed in the line of duty and 14 officers have been shot and killed by suspects since January, according to data compiled by the Officer Down Memorial Page.

“Too many members of the public and police officers are being killed, and we don't have reliable statistics to track these tragic incidents,” Senator Boxer said. “This bill will ensure that we know the full extent of the problem so we can save lives on all sides.”

“The first step in fixing a problem is understanding the extent of the problem you have. Justice and accountability go hand in hand -- but without reliable data it's difficult to hold people accountable or create effective policies that change the status quo,” Senator Booker said. “Our legislation is vital to ensuring we have the data required to make good decisions and implement reform measures that are balanced, objective, and protect the lives of police officers and the public.”

The Boxer-Booker measure would require states to report to the Attorney General on use-of-force incidents involving officers and the public that result in serious bodily injury or death. The reports must include, at a minimum:

• The gender, race, ethnicity, and age of each individual who was shot, injured, or killed;

• The date, time, and location of the incident;

• The number of officers and number of civilians involved in the incident;

• Whether the civilian was armed with a weapon; and

• The type of force used against the officer, the civilian, or both, including the types of weapons used.

Additionally, the bill would provide grants for tip lines and hotlines to gain information regarding shootings and use of force incidents against the police.  Grants may also support state efforts to develop use of force training for law enforcement agencies and personnel, including de-escalation and bias training.

There is growing momentum for better data collection on the use of force in police departments nationwide.

(https://www.boxer.senate.gov/press/release/boxer-booker-introduce-bill-to-bring-transparency-and-accountability-to-police-departments-nationwide/.)

Assembly Bill 71 would require local law enforcement to collect information that is consistent with the information that would be required by the federal legislation.

4. Criminal Statistics in California

DOJ is statutorily required to collect and maintain data and develop statistical reports related to crime and the criminal justice process in California. Local agencies are also statutorily required to maintain statistical data and provide those to DOJ.

Under existing law, local law enforcement agencies are required to report to DOJ all justifiable homicides committed in that agency's jurisdiction. (Penal Code § 13022.) Local jurisdictions must also report on the number of non-criminal and criminal complaints reported by citizens against law enforcement personnel and the number of complaints that were sustained. (Penal Code § 13012.) Arrest information from local agencies must also be provided to DOJ in order to maintain its arrest and citation database. (Penal Code §§ 13020 and 13021.) This database contains information including name, race/ethnicity, date of birth, sex, date of arrest, offense level, offense type, status of the offense, and law enforcement disposition. (Office of the Attorney General, Criminal Statistics Reporting Requirements (April 2014), at 8.) Using statistical data from local jurisdictions, DOJ publishes an annual report on crime. (Penal Code § 13010.)

Local law enforcement is also required to, in any case in which a person dies while in the custody of the law enforcement, report in writing to DOJ, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. (Government Code § 12525.) This legislation would, additionally, require law enforcement agencies to report all instances when a peace officer is involved in:

• Any incident involving the shooting of a civilian by a law enforcement officer;

• Any incident involving the shooting of a law enforcement officer by a civilian;

• Any incident in which use of force by a law enforcement officer against a civilian results in serious bodily injury or death.

• Any incident in which use of force by a civilian against a law enforcement officer results in serious bodily injury or death.

DOJ would be required to provide this information in its annual report on crime.

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 71

Author:(Rodriguez)

As Amended Ver:April 6, 2015

Majority vote

SUMMARY:

Requires each sheriff and police chief to annually furnish a report to the Department of Justice (DOJ) of all instances when a peace officer is involved in shootings that occur in his or her jurisdiction where an individual or a peace officer is injured or killed. Specifically, this bill:

1. States that in instances where an individual is killed or injured, the agency shall report how many cases resulted in criminal prosecution.

2. Provides in cases where both a sheriff and chief of police would be required to report an officer involved shooting under this section, only the chief of police shall report the instance.

3. Requires DOJ to include a summary of the information contained in the reports received pursuant to the above provisions in its annual crime report and classify the data according to the reporting law enforcement jurisdiction.

4. Specifies in cases involving a peace officer who is injured or killed, the report shall list the officer’s employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same.

EXISTING LAW:

1. Provides that it is the duty of each city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney and city prosecutor having criminal jurisdiction, as well as other agencies or persons dealing with crimes and criminals or with delinquency or delinquents, when requested by the Attorney General (AG):

   1. To install and maintain records needed for the correct reporting of statistical data required by the AG;

   2. To report statistical data to the DOJ at those times and in the manner that the AG proscribes; and,

   3. To give to the AG, or his or her accredited agent, access to the statistical data for the purpose of carrying out the purposes of carrying out the relevant law.

2. Requires each sheriff and chief of police to annually furnish the DOJ, in the manner prescribed by the AG, a report of all justifiable homicides committed in his or her jurisdiction. In cases where both a sheriff and chief of police would be required to report a justifiable homicide under this section, only the chief of police shall report the homicide.

3. States that, subject to the availability of adequate funding, the AG shall direct local law enforcement agencies to report to DOJ, in a manner to be prescribed by the AG, any information that may be required relative to hate crimes, as specified, and requires, on or before July 1 of each year, DOJ to submit a report to the Legislature analyzing the results of the information obtained from local law enforcement agencies.

4. Includes within DOJ's annual reporting requirements the number of citizens' complaints received by law enforcement agencies. These statistics shall indicate the total number of these complaints, the number alleging criminal conduct of either a felony or misdemeanor, and the number sustained in each category. The report shall not contain a reference to any individual agency but shall be by gross numbers only.

5. Mandates in any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the AG, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. Proscribes that these writings are public records within the meaning of the California Public Records Act and are open to public inspection, except confidential medical information.

FISCAL EFFECT:

According to the Assembly Appropriations Committee:

1. Potential moderate costs, $80,000 to $100,000 (General Fund), to DOJ to establish a reporting tool and to update its computer programming in the Criminal Justice Statistics Center to include a summary of the new information in its annual report.

2. Potential moderate one-time and ongoing reimbursable mandated costs (General Fund) in excess of $150,000 to local law enforcement agencies for costs associated with collecting and reporting the required information when an individual is killed or injured, and the number of cases resulting in criminal prosecution. The one-time cost will depend on reporting tool prescribed by the DOJ. If 40 agencies incur costs in excess of $4,000, the one-time costs will be $160,000. The actual on-going cost will vary based on the number of incidents in a particular year subject to the reporting requirement.

COMMENTS:

According to the author, "AB 71 was introduced to collect needed statistics and to start a dialogue as to what California needs to do to increase community and officer safety and to improve confidence in law our enforcement agencies and personnel.

"AB 71 will provide much needed data on officer involved shootings in California. This will allow the state to study the issue and to appropriately adjust law enforcement training and procedures as needed. Through better training standards from POST (Peace Officer Standards and Training) we can improve outcomes and foster better relations and confidence with our communities.

"AB 71 will also track data on an officer involved shooting where it is the law enforcement officer that is shot and killed or injured. Law enforcement work is dangerous and our peace officers are often placed in situations that involve life and death decisions. Tracking shootings of law enforcement officers will give California an idea what our law enforcement officers are facing on the street."

Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744 FN: 0000656

Date of Hearing: April 15, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 71

Author:(Rodriguez) – As Amended Ver:April 6, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires each sheriff and police chief to annually report specified information to the Department of Justice (DOJ), in a manner prescribed by the DOJ, of all instances when a peace officer is involved in shootings that occur in his or her jurisdiction where an individual or a peace officer is injured or killed. Specifically, this bill:

1. States that in instances where an individual is killed or injured, the agency shall report how many cases resulted in criminal prosecution.
   
   

2. Requires DOJ to prescribe the manner in which information will be provided, to include a summary of the information contained in the reports received pursuant to the above provisions in its annual crime report, and to classify the data according to the reporting law enforcement jurisdiction.
   
   

3. Specifies in cases involving a peace officer who is injured or killed, the report shall list the officer’s employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same.

FISCAL EFFECT:

1. Potential moderate costs, $80,000 to $100,000 (GF), to DOJ to establish a reporting tool and to update its computer programming in the Criminal Justice Statistics Center to include a summary of the new information in its annual report.

2. Potential moderate one-time and ongoing reimbursable mandated costs (GF) in excess of $150,000 to local law enforcement agencies for costs associated with collecting and reporting the required information when an individual is killed or injured, and the number of cases resulting in criminal prosecution. The one-time cost will depend on reporting tool prescribed by the DOJ. If 40 agencies incur costs in excess of $4,000, the one-time costs will be $160,000. The actual on-going cost will vary based on the number of incidents in a particular year subject to the reporting requirement.

COMMENTS:

1. Background. DOJ is statutorily required to collect and maintain data and develop statistical reports related to crime and the criminal justice process in California. Local agencies are also statutorily required to maintain statistical data and provide those to DOJ. Under current law, local law enforcement agencies are required to report to the DOJ incidents when a police officer is killed or injured in the line of duty, all justifiable homicides committed in the agency's jurisdiction, and any case in which a person dies while in the custody of any law enforcement agency.

2. Purpose. According to the author, "AB 71 was introduced to collect needed statistics and to start a dialogue as to what California needs to do to increase community and officer safety and to improve confidence in law our enforcement agencies and personnel.
   
   "AB 71 will provide much needed data on officer involved shootings in California. This will allow the state to study the issue and to appropriately adjust law enforcement training and procedures as needed. Through better training standards from POST (Peace Officer Standards and Training) we can improve outcomes and foster better relations and confidence with our communities.
   
   "AB 71 will also track data on an officer involved shooting where it is the law enforcement officer that is shot and killed or injured. Law enforcement work is dangerous and our peace officers are often placed in situations that involve life and death decisions. Tracking shootings of law enforcement officers will give California an idea what our law enforcement officers are facing on the street."

3. Argument in Support: According to the California Police Chiefs Association, "AB 71 would provide much needed statewide data on officer involved shootings where a civilian or a peace officer is injured or killed. This measure would assist the California Department of Justice in tracking the number of incidents of either uses of force direct at peace officers or uses of force by peace officers. AB 71 is consistent with current efforts on the Federal level by the United States Department of Justice. We believe that this reporting requirement could easily be incorporated into the current UCR reporting forms furnished to the Department of Justice."
   
   

4. Related Legislation:
   
   

1. AB 86 (McCarty), pending in Assembly Public Safety Committee, would establish, within DOJ, an independent review panel to investigate and provide an independent review of peace officer involved shootings and other uses of force resulting in death.

2. AB 1497 (Chau), a spot bill pending referral by Rules Commitee, would state the intent of the Legislature to enact legislation that requires law enforcement agencies to develop written policies relating to the handling of incidents involving the use of deadly force by a peace officer that resulted in the death of a member of the public.
   
   
   

Analysis Prepared by: Pedro R. Reyes / APPR. / (916) 319-2081

Date of Hearing: March 24, 2015

Counsel: Stella Choe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Bill Quirk, Chair

ABPCA Bill Id:AB 71

Author:(Rodriguez) – As Introduced Ver:December 18, 2014

As Proposed to be Amended in Committee

SUMMARY:

Requires each sheriff and police chief to annually furnish a report to the Department of Justice (DOJ) of all instances when a peace officer is involved in shootings that occur in his or her jurisdiction where an individual or a peace officer is injured or killed. Specifically, this bill:

1. States that in instances where an individual is killed or injured, the agency shall report how many cases resulted in criminal prosecution.
   
   

2. Provides in cases where both a sheriff and chief of police would be required to report an officer involved shooting under this section, only the chief of police shall report the instance.
   
   

3. Requires DOJ to include a summary of the information contained in the reports received pursuant to the above provisions in its annual crime report and classify the data according to the reporting law enforcement jurisdiction.
   
   

4. Specifies in cases involving a peace officer who is injured or killed, the report shall list the officer’s employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same.

EXISTING LAW:

1. Provides that it is the duty of each city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney and city prosecutor having criminal jurisdiction, as well as other agencies or persons dealing with crimes and criminals or with delinquency or delinquents, when requested by the Attorney General (AG):
   
   

   1. To install and maintain records needed for the correct reporting of statistical data required by the AG;
      
      

   2. To report statistical data to the DOJ at those times and in the manner that the AG proscribes; and,
      
      

   3. To give to the AG, or his or her accredited agent, access to the statistical data for the purpose of carrying out the purposes of carrying out the relevant law. (Pen. Code, § 13020.)
      
      

2. Requires each sheriff and chief of police to annually furnish the DOJ, in the manner prescribed by the Attorney General, a report of all justifiable homicides committed in his or her jurisdiction. In cases where both a sheriff and chief of police would be required to report a justifiable homicide under this section, only the chief of police shall report the homicide. (Pen. Code, § 13022.)
   
   

3. States that, subject to the availability of adequate funding, the AG shall direct local law enforcement agencies to report to DOJ, in a manner to be prescribed by the AG, any information that may be required relative to hate crimes, as specified, and requires, on or before July 1 of each year, DOJ to submit a report to the Legislature analyzing the results of the information obtained from local law enforcement agencies. (Pen. Code, § 13023, subds. (a) and (b).)
   
   

4. Includes within DOJ's annual reporting requirements the number of citizens' complaints received by law enforcement agencies. These statistics shall indicate the total number of these complaints, the number alleging criminal conduct of either a felony or misdemeanor, and the number sustained in each category. The report shall not contain a reference to any individual agency but shall be by gross numbers only. (Pen. Code, § 13012, subd. (e).)
   
   

5. Mandates in any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the AG, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. Proscribes that these writings are public records within the meaning of the California Public Records Act and are open to public inspection, except confidential medical information. (Gov. Code, § 12525.)
   
   

FISCAL EFFECT:

Unknown.

COMMENTS:

1. Author's Statement: According to the author, "AB 71 was introduced to collect needed statistics and to start a dialogue as to what California needs to do to increase community and officer safety and to improve confidence in law our enforcement agencies and personnel.
   
   "AB 71 will provide much needed data on officer involved shootings in California. This will allow the state to study the issue and to appropriately adjust law enforcement training and procedures as needed. Through better training standards from POST (Peace Officer Standards and Training) we can improve outcomes and foster better relations and confidence with our communities.
   
   "AB 71 will also track data on an officer involved shooting where it is the law enforcement officer that is shot and killed or injured. Law enforcement work is dangerous and our peace officers are often placed in situations that involve life and death decisions. Tracking shootings of law enforcement officers will give California an idea what our law enforcement officers are facing on the street."
   
   

2. President's Task Force on 21^st Century Policing: On December 18, 2014, amid protests in Ferguson, Missouri, where a grand jury declined to criminally charge police officer Darren Wilson in the fatal shooting of Michael Brown, President Barack Obama signed an Executive Order establishing the Task Force on 21st Century Policing. "The mission of the task force was to examine how to foster strong, collaborative relationships between local law enforcement and the communities they protect and to make recommendations to the President on how policing practices can promote effective crime reduction while building public trust. The president selected members of the task force based on their ability to contribute to its mission because of their relevant perspective, experience, or subject matter expertise in policing, law enforcement and community relations, civil rights, and civil liberties." (U.S. Department of Justice's Office of Community Oriented Policing Service, Interim Report of the President's Task Force on 21^st Century Policing (Mar. 2015), p. 1.)
   
   In addressing the issue of transparency, the task force recommended that law enforcement agencies should make all department policies available for public review and regularly post on the department’s website information about stops, summonses, arrests, reported crime, and other law enforcement data aggregated by demographics. (Id. at p. 11.) Additionally, the task force recommended that when serious incidents occur, including those involving alleged police misconduct, agencies should communicate with citizens and the media swiftly, openly, and neutrally, respecting areas where the law requires confidentiality. (Ibid.)
   
   

3. Reporting on Criminal Statistics: DOJ is statutorily required to collect and maintain data and develop statistical reports related to crime and the criminal justice process in California. Local agencies are also statutorily required to maintain statistical data and provide those to DOJ.
   
   Under existing law, local law enforcement agencies are required to report to DOJ all justifiable homicides committed in that agency's jurisdiction. (Pen. Code, § 13022.) Local jurisdictions must also report on the number of non-criminal and criminal complaints reported by citizens against law enforcement personnel and the number of complaints that were sustained. (Pen. Code, § 13012.) Arrest information from local agencies must also be provided to DOJ in order to maintain its arrest and citation database. (Pen. Code, §§ 13020 and 13021.) This database contains information including name, race/ethnicity, date of birth, sex, date of arrest, offense level, offense type, status of the offense, and law enforcement disposition. (Office of the Attorney General, Criminal Statistics Reporting Requirements (April 2014), p. 8.) Using statistical data from local jurisdictions, DOJ publishes an annual report on crime, as well as other reports as required by statute.

This bill requires local law enforcement agencies to report all officer-involved shootings resulting in either death or injury to an officer or an individual. Under current law, only justifiable homicides are reported to DOJ. While it is important to know how many killings are determined to be justifiable, there is no way to compare those numbers to those that are not deemed justifiable. This is due to the lack of data on officer-involved shootings in general. By requiring local agencies to report all officer-involved shootings that result in either death or injury, the data will be more accurate and complete. This bill increases transparency in officer-involved shootings by requiring this information to be published in DOJ's annual report on crime, which is available to the public. Additionally, by requiring information to be included on how many shootings result in criminal prosecution, the bill addresses concerns over accountability in police-involved shootings.

4. Argument in Support: According to the California Police Chiefs Association, "AB 71 would provide much needed statewide data on officer involved shootings where a civilian or a peace officer is injured or killed. This measure would assist the California Department of Justice in tracking the number of incidents of either uses of force direct at peace officers or uses of force by peace officers. AB 71 is consistent with current efforts on the Federal level by the United States Department of Justice. We believe that this reporting requirement could easily be incorporated into the current UCR reporting forms furnished to the Department of Justice."
   
   

5. Argument in Opposition: None submitted.
   
   

6. Related Legislation:
   
   

   1. AB 86 (McCarty) would establish, within DOJ, an independent review panel to investigate and provide an independent review of peace officer involved shootings and other uses of force resulting in death. AB 86 is pending referral by the Rules Committee.
      
      

   2. AB 1497 (Chau) would state the intent of the Legislature to enact legislation that requires law enforcement agencies to develop written policies relating to the handling of incidents involving the use of deadly force by a peace officer that resulted in the death of a member of the public. AB 1497 is pending referral by the Rules Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

California Attorneys for Criminal Justice
California College and University Police Chiefs
California Police Chiefs Association
California Public Defenders Association
Legal Services for Prisoners with Children

Opposition

None

Analysis Prepared by:

Stella Choe/PUB. S./(916) 319-3744